Struck = removed from the bill ·
added = the amendment's new text.
SenateSession Bill(81st) A SB209 150 Amendment No.
209–Senators150 Donate;Senate Amendment to Senate Bill No.
Hardy,209 Lange,(BDR Neal,53-953) OhrenschallProposed andby: Ratti Joint Sponsors:
AssemblymenSenate González,Committee Brittneyon Miller,Commerce Orentlicher, Thomas, Torres and WattsLabor CHAPTER..........Amends:
Summary:
No Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
ALA/WLK - Date:
4/14/2021 S.B.
No.
209—Revises provisions relating to employment.
(BDR 53-953) Page 1 of 8 *A_SB209_150* Senate Amendment No.
150 to Senate Bill No.
209 Page 3 S ENATE BILLN O.
209–SENATOR DONATE M ARCH 11,2021 _______________ JOINT SPONSORS :
ASSEMBLYMEN G ONZÁLEZ AND W ATTS _______________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to employment.
(BDR 53-953) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
requiring an employer in private employment to allow [any use] certain uses of paid leave;
requiring the Legislative Committee on Health Care to conduct an interim study concerning the [long-term implications of] response by this State to SARS-CoV-2 [on casino workers and frontline workers;] and to make recommendations for legislation concerning the response by this State to future public health crises;
LegiExistingLegislative lawCounsel’s requiresDigest: an employer in private employment who has 50 or more employees in this State to provide at least 0.01923 hours of paid leave to an employee for each hour worked, which may be used by the employee beginning on the 90th calendar day of his or her employment.
Existing law requires an employer in private employment who has 50 or more employees in this State to provide at least 0.01923 hours of paid leave to an employee for each hour worked, which may be used by the employee beginning on the 90th calendar day of his or her employment.
(NRS 608.0197) [Section] In addition to this existing paid leave, section 1 of this bill requires an employer to [allow] provide 2 or 4 hours of paid leave to each employee for the purpose of thenthe employer to employee receiving a vaccination for SARS-CoV-2, including a variant of SARS-SARS-CoV-2. CoV-2.
and (2) 4 hours of paid leave in two allotments of 2 consecutive hours each if the vaccination requires two separate doses on twonotice separateto occasions.the employer before using the paid leave to obtain a vaccination for SARS-of CoV-2.
Section 1 requiresprohibits an employee to provide at least hours of notice to the employer beforefrom: using the paid leave to obtain a an employee the right to use such paid leave;
(1) denying an employee the right to use such paid leave;
(2)Senate includesAmendment requirementsNo. which mirror those in existing law in section 1.5 of this bill;
and150 (3) provides that an operation.s not required to provideSenate suchBill paidNo. leave for the first 2 years of Section 1.5 of this bill allows an employee to use paid leave for any use, including:
209 Page 4 and (2) includes requirements and restrictions which mirror those in existing language in Section 1.5 of this bill allows an employee to use paid leave for any use, including:
(4) participating[receiving ina caregiving;vaccination, including a vaccination for SARS-CoV-2;
or(5)] (5)participating addressingin othercaregiving; personal needs related to the health of the employee.
439B.200)or Section[(6)] 2(5) ofaddressing thisother billpersonal requiresneeds related to the Committeehealth to:of the employee.
(1)Existing conductlaw acreates study - 81st Session (2021) – 2 – during the 2021-2022Legislative interimCommittee concerningon theHealth responseCare. by this State to SARS-CoV- Session of the Nevada Legislature concerning the response by this State to future public health crises.
(NRS 439B.200) Section 2 authorizesof thethis Committeebill torequires examine and consider various items and recommendations related to the publicCommittee health infrastructure in this State and to SARS-CoV-2.:
Section(1) 2conduct requiresa study during the Committee2021-2022 tointerim submitconcerning athe report[long-term health implications of] response by this StateSate to futureSARS-CoV-2 public[on healthcasino crisesworkers to the Governor and tofrontline theworkers, Directorincluding ofworkers theliving Legislativein Counselthis BureauState forwho transmittaldo tonot thehave 82ndlawful Sessionimmigration ofstatus.] the; Nevada Legislature.
EXPLANATIONand –(2) Mattermake inrecommendations boldedfor italicslegislation isto new;the this State to future public health crises.
matterSection between2 brackets[: [omitted material] is material to be omitted.
THE(1) SENATErequires ANDthe ASSEMBLY,Committee, DOin ENACTconducting ASthis FOLLOWS:Dstudy, INto Sectionappoint 1.a representative of minority communities;
and (2) authorizes the Committee to appoint additional representatives of other affected communities.] authorizes the Committee to examine and consider various items and recommendations related to the public health infrastructure in this State and to SARS-CoV-2.
Section 2 requires the Committee to submit a report of the results of the study and [any] recommendations for legislation [relating to the study] concerning the response by this State to future public health crises to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the 82nd Session of the Nevada Legislature.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1.
Except as otherwise provided in subsections 66, 10 and 10,11, in addition to the paid leave provided pursuant to NRS 608.0197, every employer in private employment shall provide 2 or 4 hours, as determined pursuant to subsection 2, of paid leave to each employee for the purpose of the employee receiving a vaccination for COVID-19.
or - 81st Session (2021) – 3 – (c) Retaliate or take any adverse action against an employee for using the paid leave provided to the employee pursuant to this section.
(1)Senate DischargingAmendment orNo. firing the employee;
(3)150 Deducting the paid leave provided to theSenate employeeBill pursuantNo. to this section from the salary or wages of the employee.
209 Page 5 (1) Discharging or firing the employee;
(2) Penalizing the employee in any fashion;
and (3) Deducting the paid leave provided to the employee pursuant to this section from the salary or wages of the employee.
9.
The provisions of this section do not:
This section does not apply to:
(a) An employer who, pursuant to a contract, policy, collective bargaining agreement or other agreement, provides a policy for paid leave or a policy for paid time off to all scheduled employees at a rate of at least 0.01923 hours of paid leave per hour of work performed;
and (b) Temporary, seasonal or on-call employees.
12.
(2) Any mutation or variant of the novel coronavirus identified as SARS-CoV-2;SARS- CoV-2;
or -(3) 81stA Sessiondisease (2021)or –health 4condition – coronavirus identified as SARS-CoV-2.on caused by the novel (b)coronavirus “Employer”identified meansas aSARS-CoV-2. private employer who has 50 or more employees in private employment in this State.
Sec.(b) “Employer” means a private employer who has 50 or more employees in private employment in this State.
[Section 1.] Sec.
(1)Senate ReceivingAmendment onNo. the first day of each benefit year the total number of hours of paid leave that the employee is entitled to accrue in a benefit year pursuant to paragraph (a);
or150 (2) Accruing over the course of a benefit year the total number of hours of paid leave that the employee is entitled to accrueSenate inBill (c)No. Paid leave accrued pursuant to subparagraph (2) of paragraph (b) may carry over for each employee between his or her benefit years of employment, except an employer may limit the amount of paid leave for each employee carried over to a maximum of 40 hours per benefit year.
209 Page 6 (1) Receiving on the first day of each benefit year the total number of hours of paid leave that the employee is entitled to accrue in a benefit year pursuant to paragraph (a);
or (2) Accruing over the course of a benefit year the total number of hours of paid leave that the employee is entitled to accrue in a benefit year pursuant to paragraph (a).
(c) Paid leave accrued pursuant to subparagraph (2) of paragraph (b) may carry over for each employee between his or her benefit years of employment, except an employer may limit the amount of paid leave for each employee carried over to a maximum of 40 hours per benefit year.
(e) For the purposes of determining the rate of pay at which an employee is compensated pursuant to paragraph (d), the compen(1)compensation Salary, commission, piece rate orfor aan methodemployee otherwho thanis hourlypaid wageby: must:
(1) Salary, commission, piece rate or a method other than hourly wage must:
and -(III) 81stNot Sessioninclude (2021)any –bonuses 5awarded –at the sole discretion of the employer, overtime pay, additional pay for performing hazardous duties, holiday pay or tips earned by the employee.
(i) An employer may, but is not required to, compensate an employee for any unused paid leave available for use by that employee upon separation from employment, except if the employee is rehired by the employer within 90 days after separation from that employer and the separation from employment was not due to the employee voluntarily leaving his or her employment, any previously unused paid leave hours available for use by that employee must be reinstated.
(3)Senate ReceivingAmendment orNo. participating in preventative care;
(5)150 Addressing other personal needs related to theSenate healthBill ofNo. the employee.
209 Page 7 (3) Receiving or participating in preventative care;
(4) [Receiving a vaccination, including, without limitation, a vaccination for COVID-19;
(5)] Participating in caregiving;
or [(6)] (5) Addressing other personal needs related to the health of the employee.
-(a) 81stDeny Sessionan (2021)employee –the 6right –to use paid leave available for use by that employee in accordance with the conditions of thisforthis section;
An employer shall maintain a record of the receipt or accrual and use of paid leave pursuant to this section for each employee for a 1-year period following the entry of such information in the record and, upon request, shall make those records available for inspectiondinspection by the Labor Commissioner.
(a) An employer who, pursuant to a contract, policy, collective bargaining agreement or other agreement, provides employees with a policy for paid leave or a policy for paid time off to all scheduled employees at a rate of at least 0.01923 hours of paid leave per houredhour of work performed;
(b) “Employer”[“COVID-19” meansmeans: a private employer who has 50 or more employees in private employment in this State.
(1) The novel coronavirus identified as SARS-CoV-2;
(2) Any mutation of the novel coronavirus identified as SARS-CoV-2;
or (3) A disease or health condition caused by the novel coronavirus identified as SARS-CoV-2.
(c)] “Employer” means a private employer who has 50 or more employees in private employment in this State.
The Legislative Committee on Health Care shall:shall [conduct] :
-Senate 81stAmendment SessionNo. (2021) – 7 – the response by this State to the COVID-19 health crisis, including, without limitation, with regard to employees working in this State;
150 to Senate Bill No.
209 Page 8 (a) Conduct a study during the 2021-2022 interim concerning the [long-term health implications related to the] response by this State to the COVID-19 health crisis , [on casino workers and frontline workers,] including, without limitation, [casino and frontline workers living in this State who do not have lawful immigration status.] with regard to employees working in this State;
In conducting the study [,] and making recommendations, the Legislative Committee on Health Care may,[shall withoutappoint limitation:a representative of minority communities.
The Committee may appoint additional representatives of other affected communities, as determined by the Committee.] may, without limitation:
and (3) How the items listed in subparagraphs (1) and (2) can be imp(b)improved Consider recommendations for increasedfuture funding for the public health infrastructurecrises. of this State.
(b) Consider recommendations for increased funding for the public health infrastructure of this State.
[The] On or before September 1, 2022, the Legislative Committee on Health Care shall submit a report of the results of the study and [any] recommendations for legislation [relating to the study] concerning the response by this Sta(a)State Theto Governor;future public health crises to [the] :
andealth(a) crisesThe to:Governor;
and (b) The Director of the Legislative Counsel Bureau for transmittal to the 82nd Session of the Nevada Legislature.
or - 81st Session (2021) – 8 – (3) A disease or health condition caused by the novel coronavirus identified as SARS-CoV-2.
(b) “Frontline[“Casino worker” means anyan personemployee whoof is at a greatercasino riskor ofhotel, acquiringincluding, andwithout transmittinglimitation, infectiona duegaming toemployee. unavoidable, her job responsibilities.
As used in this paragraph, “gaming employee” has the meaning ascribed to it in NRS 463.0157.
(c)] “Frontline worker” means any person who is at a greater risk of acquiring and transmitting infection due to unavoidable, close and prolonged contact with others required to perform his or her job responsibilities.
~~~~~ 21 - 81st Session (2021)